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Settlement reached in iPod nano lawsuit

updated 12:25 pm EST, Fri January 23, 2009

Nano lawsuit settlement

A settlement has been reached in a class action lawsuit over the iPod nano, an official website notes. The suit, filed through the California Superior Court for the County of Los Angeles, alleges that the design of the first-generation Nano results in an unusual amount of scratching, despite ordinary use. Apple has continued to deny any wrongdoing, but is nevertheless said to have agreed to a settlement in order to avoid further court costs.

A $22.5 million fund has been set up to pay settlement claims and costs. To file a claim, people must have bought a new first-gen Nano in the US, for their own use; players must also be uncoated, a fact verified by checking the serial number. A base of $15 is being awarded to people who received a free slip case from Apple, while $25 is being awarded to people who did not. These amounts can increase by up to 150 percent however, depending on how much of the fund goes unclaimed.

Claimants must fill out and mail a claim form before June 10th to receive a payment, and the settlement must still be approved in a court hearing scheduled for April 28th. If plaintiff or defendant lawyers make appeals, the distribution of money could be delayed.




by MacNN Staff

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Comments

  1. manleycreative

    Joined: Dec 1969

    -2

    Ummmm...

    Wow, that $25 is really going to help me get that iPhone, lol.

    If you don't want something scratched, put it in a museum.

  1. testudo

    Joined: Dec 1969

    -1

    bummer

    I didn't buy a new nano, but a refurb one. Not covered...

  1. Roehlstation

    Joined: Dec 1969

    -2

    Looks like

    The Lawyers made off like gang busters on this one...the Nano was no more or less scratch resistent than ANY of the Standard iPods before the iPod Classic....keep your car keys, pocket change, what-have-you in a separate pocket than your iPod, people.

  1. lkrupp

    Joined: Dec 1969

    0

    It's always like this...

    Class actions lawsuits always end like this. The consumers who claim they were damaged or defrauded get essentially nothing. The number of consumers affected by this alleged defective was small to begin with. Even fewer will bother to file a claim under this settlement. The lawyers, however, make out like bandits as usual.

    When will these people learn that it's always better to deal directly with the manufacturer to resolve your complaint rather than find a lawyer. But then I'm betting that the lawyers have employees scouring the troubleshooting forums looking for issues that might generate some money. Then they seek out a few consumers and persuade them to file a class action. Is that how this "industry" works? Sounds good to me.

  1. Guest

    Joined: Dec 1969

    0

    bleh

    All that hassle, years of arguing, all for a few bucks?

    Whatever happened to folks just accepting that not everything is perfect and life ain't fair etc.? Why do people always want to blame someone? Sometimes s*** just happens and sometimes you need to just suck it up and move on.

  1. sgirard

    Joined: Dec 1969

    +3

    I bought two

    I bought two of the original iPod Nanos, and yes, they did scratch too easily. Just rubbing the plastic face against a pair of jeans left lots of fine scratches that eventually gave their front faces the appearance of a matte finish. The newer aluminum body Nanos corrected this problem. Will I file a claim? I don't know. I'll have to weigh the hassle against the $50 bucks I could get if both claims are honored.

  1. LouZer

    Joined: Dec 1969

    +3

    Comments

    the Nano was no more or less scratch resistent than ANY of the Standard iPods

    Um, yes it was. Even Apple basically acknowledged that. If you look at the settlement you'll note that it says "...players must also be uncoated...A base of $15 is being awarded to people who received a free slip case from Apple..."

    The 'uncoated' implies Apple applied a coating later on to resolve the issue. Add in the 'free' slip case, and it would indicate that Apple realized they had an issue.

    keep your car keys, pocket change, what-have-you in a separate pocket than your iPod, people.

    I don't know, I've always put my iPods in my pockets and generally have had no trouble with them. Which, again, would indicate an issue with this batch.

    When will these people learn that it's always better to deal directly with the manufacturer to resolve your complaint rather than find a lawyer.

    Um, if Apple actually publicly acknowledged the problem and dealt with the issue, there wouldn't have been a need for a lawsuit. This is why there's no real suits against them for the crappy iBook G3s, or the PowerMac G5's and their power supplies, or the iMac G5s and their blown capacitors.

    Its when the manufacturers don't own up to their problems that people take them to court.

    Oh, and lawsuits like this aren't about making the plaintiffs rich. Its about penalizing the company to give them pause the next time they have a similar issue and try to pretend it doesn't exist.

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